Parkin v. Cornell University, Inc., 78 N.Y.2d 523 (1991)
The issue of probable cause in false arrest and malicious prosecution claims is a question of law for the court only when there is no factual dispute; abuse of process requires evidence the legal process was used for an improper purpose.
Summary
Two Cornell University employees, active in union negotiations, were arrested for stealing envelopes. They alleged the charges were retaliation for their union activities. The New York Court of Appeals held that the existence of probable cause for the arrest was a jury question because of conflicting evidence about the commonality of delivering materials without delivery slips and whether the employees had permission to retain the envelopes. The Court also reinstated the abuse of process claim, finding that the jury instructions, to which the defendants did not object, were satisfied by the evidence presented.
Facts
John Cleveland and Thomas Parkin, employees of Cornell University and active union members, were arrested and charged with petit larceny and possession of stolen property. The charges stemmed from Cleveland requesting and receiving four boxes of envelopes from Parkin at the university print shop. Cleveland claimed he requested the envelopes as samples for an Alumni House employee. University officials investigated, focusing primarily on whether the delivery was authorized rather than the employees’ intent. The arrests occurred shortly after the employees participated in union job actions.
Procedural History
After their arrest, Parkin and Cleveland were terminated but were later reinstated with back pay after filing grievances through their union. The criminal charges were subsequently dismissed. They then sued Cornell University for false arrest, malicious prosecution, and abuse of process. The jury found in favor of the plaintiffs. The Appellate Division reversed, dismissing the complaint. The Court of Appeals reversed the Appellate Division’s order, reinstating the jury’s verdict and remitting the case to the Appellate Division to consider other issues raised in the appeal.
Issue(s)
1. Whether the existence of probable cause for the arrest and prosecution of the plaintiffs should have been decided by the court as a matter of law or properly submitted to the jury as a question of fact.
2. Whether the plaintiffs presented sufficient evidence to support a claim for abuse of process.
Holding
1. No, because there were factual disputes regarding the delivery slip system and the employee’s intent, making it a question for the jury.
2. Yes, because the jury instructions regarding abuse of process were satisfied by the evidence presented and the defendants did not object to those instructions.
Court’s Reasoning
Regarding probable cause, the Court of Appeals emphasized that the issue is a question of law for the court only when there is no real dispute as to the facts or the proper inferences to be drawn from such facts. Here, the evidence presented at trial created factual disputes, namely the commonality of deliveries without slips and whether Cleveland had permission to retain the envelopes. These disputes were directly relevant to determining whether the employees intended to deprive the university of property, an essential element of petit larceny. The court noted the public safety officer’s mistaken belief that intent was irrelevant, which further supported the jury’s role in determining probable cause.
Regarding abuse of process, the Court acknowledged prior language suggesting that improper conduct must occur after the issuance of process. However, it found that the defendants did not object to the jury instructions on abuse of process, which only required a finding that the charges were brought to interfere with union activities. The court stated, “Inasmuch as plaintiffs’ evidence was sufficient to support the jury’s verdict under the law as charged, without objection, in this case, there is no basis for dismissing this cause of action.”